Facts:
Upon petition of Buklod ng Manggagawang Pilipino (BMP),
one of several labor unions at ADMACOR'S factory, the Labor Relations Division,
Regional Office VII (Cebu City) ordered a certification election to be
conducted on May 21, 1986, a regular business day. Several factory workers of
ADMACOR (petitioner) held a strike. No previous notice of strike was filed by
the factory workers with the Bureau of Labor Relations Regional Office. On May
20,1986, ADMACOR filed a petition) for the indefinite resetting of the
scheduled certification election, which petition was not acted upon by the
Labor Relations Division.
The scheduled certification election was conducted,
despite the strike. Of the 423 workers who voted, 413 voted for Southern
Philippines Federation of Labor (SPFL) as their exclusive bargaining agent, On
the same day, ADMACOR filed a complaint for illegal strike.
ADMACOR filed a petition to declare the certification
election conducted on May 21, 1986 as null and void on the ground that there
being a strike by some workers in the premises of the factory on the day of the
certification election, such day cannot be considered a regular business day,
pursuant to Section 2, Rule VI, Book V of the Omnibus Rules Implementing the
Labor Code.
Med-Arbiter dismissed ADMACOR's complaint to annul the
May 21, 1986 certification election and certified SPFL as the sole and
exclusive bargaining agent of the rank and file employees of ADMACOR. This
dismissal was appealed by ADMACOR to the Bureau of Labor Relations.
Director Calleja of BLR affirmed Med-Arbiter.
Issue: WON there was compliance to the procedural
requirement that election shall be set during a regular business day
Ruling:
Yes, the Court agrees with the said ruling of respondent
Director upholding the validity of the certification election despite the
strike. In the first place, since petitioner invoked the jurisdiction of the
Bureau when it filed its election protest before the Med-Arbiter, it cannot now
be allowed to repudiate the same jurisdiction after failing to obtain
affirmative relief. Moreover, it can not be denied that an actual election was
conducted on said date where, of the 423 workers who voted, 413 voted for SPFL
as its exclusive bargaining agent. In the "Minutes of the Certification
Election among the Rank and File Employees of Asian Design Manufacturing
Corp.", the representatives of the contending unions, and of the Ministry
of Labor even attested that the election was peaceful and orderly and none of
the parties registered any protest on any matter concerning the election
proceedings. There is thus, no valid reason to annul the certification
election.
On the pretext
that the issue deposited in this petition is the lack of jurisdiction of the
Bureau in dismissing its protest against the certification election despite the
pendency of the case before the Labor Arbiter on the validity of the strike,
petitioner seeks exception to the rule that an employer has no standing to
question a certification election. The Court reiterates the rule that such
concern over the validity of certification election must come from the
employees themselves.
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